Md. Code Regs. 08.03.10.07

Current through Register Vol. 51, No. 12, June 14, 2024

Section 08.03.10.07 - Baiting

A. A person may not hunt, or attempt to hunt, any upland game bird (except pheasant and quail) or wetland game birds, by the aid of baiting, or on or over any baited area if the person knows or reasonably should know that the area is a baited area.

B. Definitions.

(1) As used in this regulation, "baiting" means the placing, exposing, depositing, distributing, or scattering of shelled, shucked or unshucked corn, wheat or other grain, salt, or other feed so as to constitute for upland game birds (except pheasant and quail) or wetland game birds a lure, attraction, or enticement to, on, or over any areas where hunters are attempting to hunt them.

(2) "Baited area" means:

(a) Any area where shelled, shucked or unshucked corn, wheat or other grain, salt, or other feed capable of luring, attracting, or enticing upland game birds (except pheasant and quail) or wetland game birds is directly or indirectly placed, exposed, deposited, distributed, or scattered.

(b) With respect to mourning dove or any wetland game bird, any area which has been seeded for a cover crop by broadcasting, within the 10 days immediately preceding the hunting of mourning dove or any wetland game birds, where the seed has not germinated or been plowed or disced under, or removed by other means. An area is considered a baited area for 10 days following the complete removal of all corn, wheat or other grain, salt, or other feed.

C. However, this regulation does not prohibit:

(1) The hunting of all upland game birds and wetland game birds on or over standing crops, flooded standing crops (including aquatics), flooded harvested crop lands, grain crops properly shocked on the field where grown, or grains found scattered solely as the result of normal agricultural planting or harvesting (except as prohibited in §B(2)(b) of this regulation);

(2) The hunting of all upland game birds (except mourning dove) on or over any lands where shelled, shucked or unshucked corn, wheat or other grain, salt, or other feed has been distributed or scattered as the result of bona fide agricultural operations or procedures; and

(3) The hunting of all upland game birds on or over any lands where grain has been distributed or scattered as a result of manipulation of a crop or other feed on the land where grown for wildlife management purposes, if manipulation for wildlife management purposes does not include distributing or scattering grain or other feed once it has been removed from or stored on the field where grown.

D. This regulation does not apply to propagating, scientific, or other operations in accordance with the terms of permits issued pursuant to Natural Resources Article, § 10-909, Annotated Code of Maryland.

Md. Code Regs. 08.03.10.07

Regulation .07B amended effective May 18, 1987 (14:10 Md. R. 1169)
Regulations .07 were previously codified as under COMAR 08.03.01 Wildlife Conservation. This recodification was effective June 3, 1985 (12:11 Md. R. 1047)
Regulations .07 under COMAR 08.03.01 recodified to COMAR 08.03.10, with amendments effective June 26, 1989 (16:12 Md. R. 1333)
Regulation .07 amended as an emergency provision effective October 1, 1989 (16:21 Md. R. 2256); emergency status expired March 29, 1990; amended permanently effective June 11, 1990 (17:11 Md. R. 1341)
Regulation .07B, C amended as an emergency provision effective June 29, 1999 (26:15 Md. R. 1145); amended permanently effective October 4, 1999 (26:20 Md. R. 1544)
Regulation .07 amended effective 42:19 Md. R. 1228, eff.10/1/2015